Fatal shooting of Rayshard Brooks

[arewethereyet]

I’m well aware of what a defense lawyer’s job entails, so please be good enough not to lecture me on it.

I agree that a lawyer might make such a defense as you outlined, but a ‘good’ lawyer wouldn’t do so. Why? Because, at the very least, s/he’d be laughed out of court.

If such a defense had an ice lolly’s chance in Hell of working, it would allow the murder of anyone, any where, at any time.

Judge: ‘Why did your client shoot Mr. Brian James in the face with a bazooka?’

Lawyer: ‘Because he feared that Mr. James might someday drive a bus load of toddlers off a cliff.’

Judge: ‘Case dismissed.’

Boru

(‘Brooks’, not ‘Brown’.)

I disagree. I've seen lots of cases where people get off on very absurd defenses. Mob bosses come to mind. Jury selection isn't made just by the prosecutor, the defense has a say too. There is no given that either way, what a juror is going to think or say or do.  And as a defense lawyer it would be my job to sniff out someone who might side with my client. And in our current climate of favoring law first, you cannot say someone sympathetic to law enforcement won't get on that jury.

Thanks for the correction, you are right "Brooks". 

The Judge doesn't dismiss a case themselves, they may override a prosecutor pre trial, or even a grand jury. But if the client chooses a trial and the jury is hung or votes to acquit then the case is dismissed. 

There are lots of potential jurors in cases like this that will side with the cops. Just watch Fox News right now on this case. They have tons of viewers that would buy such fucked up argument. Again, like it or not, the defense lawyer is going to sniff out a potential juror they think might side with their client.

Close but no cigar oh rambling one...

Who Can Dismiss a Criminal Case?

The prosecuting attorney and the judge are the only ones with the power to dismiss a criminal case. Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circumstances warrant it. Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant’s rights have been violated, or if the state has failed to prove its case. Judges can dismiss a case either on their own motion or on the motion of the defendant. Most charges, however, are dismissed by prosecutors, not judges.


As for who is selected or not for a jury...both sides have a certain number of people they can remove from the jury pool for pretty much any reason they want as long as the decision isn't based on race, gender, etc.

Then each side has a certain number of people it can remove from the pool for cause.

Of course, both sides are hoping to get the people who will be most likely to side with them.  Why bother otherwise with all that goes into seating a jury if you aren't looking for the people who will lean in your favor?  If they didn't have some say in trying to seat the best jury then there should just be a lottery and whoever draws the numbers of seats to fill become the jury.